HomeMy WebLinkAbout20201049 Ver 1_SAW-2020-00942 NWP- 27_20200929U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01438 County: Duplin U.S.G.S. Quad: NC-Beulaville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: James Lanier
1362 Cedar Fork Road
Beulaville NC, 28518
Agent: Wildlands Engineering, Inc, C/o Aaron Early
1430 S. Mint St, Suite 104
Charlotte, NC 28203
Size (acres) 5.826
Nearest Waterway Big Branch
USGS HUC 030300070306
Nearest Town Beulaville
River Basin Cape Fear
Coordinates Latitude:34.875382
Longitude:-77.701810
Location description: The proiect area is located at 1362 Cedar Fork Road with areas with unstable, eroding, stream banks, in
Duplin County, North Carolina.
Description of projects area and activity: This verification authorizes the restoration, stabilization and enhancement of 581 linear
feet of an intermittent stream & 0.005 acres of wetland impacts, 0.056 of temporary wetland impacts and 20 linear feet of
temporary intermittent stream impacts. Please see attached plans.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit #27
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 8/14/2020, and the enclosed plans Figure 3 Site map, UT to Big Branch Proiect
Site, Cape Fear River Basin 03030007, Duplin North Carolina. Dated 9/28/2020. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative
penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Thomas Charles at 910-251-4101 or Thomas.p.charles(ausace.armv.mil
Corps gu Y3, CHARLES.THOMAS.P.1288547196 Digitally signed by CHARLES.THOMAS.P.1288547196
Co s Regulatory Official: Date: 2020.09.29 12:21:07 -04'00' Date: 9/29/2020
Expiration Date of Verification: 3/18/2022
Assessment Area (5.826 acres)
® Potential Waters of the US
Potential Non -Wetland Waters of the US
Agricultural Ditches
2 ft Contours
O Data Points
A
• Aerial Photography
w�WILDLANDS
ENGINEERING
0 100 200 Feet
I i I i I
CHARLES.THOMAS.P.1288547196 Datea2l02 09.signe02912:21A 7- 4'00' A8.P.1288647196
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Figure 3 Site Map
UT to Big Branch Project Site
PCape Fear River Basin 03030007
�1 9/28/2020
Duplin County, NC
Determination of Jurisdiction:
A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued.
Basis For Determination: The proiect area exhibits wetland criteria as described in the 1987
Corps Wetland Delineation Manual and The Atlantic and Gulf Coastal Plain Regional Supplement.
Desktop review by Thomas Charles 9/14/2020
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
Corps Regulatory Official:
Date of JD: 9/29/2020
Expiration Date of JD: N/A
Digitally
igned by AEOMAS.P.1288547196CHARLES.THOMAS.P.1288547196 :2 9.2912:222604' O
Thomas Charles
SPECIAL CONDITIONS
1. In order for this Nationwide Permit to be valid, you must obtain 401 Water Quality Certification
from the North Carolina Division of Water Resources. The permittee shall provide the Corps with a
copy of the required certification or waiver of certification from the state prior to proceeding with
the work in waters of the U.S. The permittee shall comply with all conditions of the state
certification.
2. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall
include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices
around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
Action ID Number: SAW-2020-01438 County: Duplin
Permittee:
Project Name:
James Lanier
Restoration &enhancement UT to Big Branch Proiect
Date Verification Issued: 9/29/2020
Project Manager: Thomas Charles
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Thomas Charles
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date